Kyiv Court of Appeals once again adjourned the hearing on the appeal filed by Hennadiy Korban’s defense against the politician’s arrest: this time it is scheduled for February 2, 11:00. The panel of judges consisting of Denys Masenko, Victor Hlynnyy and Valeriy Lashevych explained their decision by the need to examine the supplement to the appeal submitted by defense lawyer Oleksandr Miller, and equip the meeting room according to the requirements of the European Convention on Human Rights, as the politician’s lawyers requested during one of the previous meetings. Hennadiy Korban’s defense objected to the adjournment of consideration of the case on merits, reminding that the prosecutors accuse lawyers of delaying the process.
“The person is kept in custody illegally, due to the induced ruling,” lawyer Oksana Tomchuk said. “I believe that lawyers, prosecutors and the court should first take care of the protection of the basic human right - the right to liberty. Given that the review of the appeal has lasted more than a month, and it still has not been considered on the merits, I find it impossible to adjourn the hearing of the case. It is unacceptable to hold a person in slavery under the guise of protection of the said rights. I ask the court to begin consideration on the merits, extending today's meeting.”
During the meeting Judge Rapporteur Denys Masenko brought up for discussion a possibility of considering the appeal against Hennadiy Korban’s arrest on the merits due to the fact that some of the politician’s lawyers were absent, and human rights activist Miller filed a supplement to his appeal, which the court did not have time to review. Furthermore, the court did not receive a response from the State Judicial Administration as for equipping the meeting room according to the requirements of the European Convention on Human Rights.
“Both defenders of the suspect, and the suspect himself have repeatedly drawn attention to incompliance of the courtroom with the requirements of the Convention, and given that one of the defense lawyers, Oleksandr Miller filed a supplement to be examined by the court, the panel of judges has decided to adjourn the meeting,” Judge Rapporteur Denys Masenko announced the decision of the panel.
As previously reported, on January 22, the Court of Appeal once again adjourned the review of appeal because of the need to deliver the original order of the Prosecutor of Kyiv to determine the establishment of other investigative bodies. According to Hennadiy Korban’s lawyers, the decision was made due to the absence of an agreed position between the court and the prosecutor's office on previously prepared resolutions, because judges are afraid to take responsibility for knowingly illegal ruling of Dniprovskyy District Court Judge Mykola Chaus.
